General Categories > Carry Issues
Declaration when not carrying
DaveB:
I think a permit is known by DL number, not license plate number. I could be wrong, but just because one person has a permit in a family that shares a car does not mean everyone that drives it does.
SemperFiGuy:
--- Quote ---I am assuming that, with a CHP, if I get stopped the LEO will already have gotten my info from my license plate number and already knows that I have a CHP.
--- End quote ---
The link is actually to the Nebraska Operator's License through NE Department of Motor Vehicles electronic records.
If you know an LEO with a dashboard computer, you can ask him to run your NE Operator's License through the system by OL Number. Your name will come up in RED at the top of the screen, alerting the LEO that SOMETHING IS UP WITH YOU!
Down below at the bottom of the screen will be a one line comment, also in RED. Something like:
>Felony Warrant
>Escaped Convict
>Weapons Permit
So---the LEO may be a Bit More Alerted than as with the "Ordinary" traffic stop.
Some states outside Nebraska are also linked to this system.
sfg
JTH:
--- Quote from: GreyGeek on March 12, 2014, 10:43:46 AM ---You seem to be a reasonable fellow but YoutTube is filled with video evidence of a LOT of LEOs who are not. If you don't mind my asking, ... I am assuming that, with a CHP, if I get stopped the LEO will already have gotten my info from my license plate number and already knows that I have a CHP. Is that true for all LEOs in the state or just those in large cities?
--- End quote ---
Your CHP is not tied to your license plate. It is tied to your driver's license. As such, merely running your plate will not give the LEO information about your CHP status. It isn't until he runs your driver's license that he will be informed that you have a CHP.
--- Quote ---IF I am NOT carrying at the moment and do not say so, isn't he right in assuming that I AM carrying and that I violated the law by not announcing that?
--- End quote ---
No.
--- Quote ---To me, this seems like a gray area that can be exploited by over zealous LEOs and prosecuting attorneys. So, despite you concern about someone annoucing that they are not carrying, if I am ever stopped the first words out of my mouth will be "As you many know, I have a CHP, and/but I want you to know that I am/not carrying."
--- End quote ---
When he first comes up to your car, he won't know. If you want to tell him that you aren't carrying, that is up to you.
GreyGeek:
--- Quote from: jthhapkido on March 12, 2014, 11:27:10 AM ---Your CHP is not tied to your license plate. It is tied to your driver's license. As such, merely running your plate will not give the LEO information about your CHP status. It isn't until he runs your driver's license that he will be informed that you have a CHP.
No.
When he first comes up to your car, he won't know. If you want to tell him that you aren't carrying, that is up to you.
--- End quote ---
As SimperFi pointed out, with the LP# the LEO, IF he has a dashboard computer, can connect it to the operator license, which will flag the name in red and contain a comment, also in red, "weapons permit". That I did not know, but assumed to be the case.
Ergo, when an LEO approaches your car and asks to see your DL I am going to assume that he already knows that I have a CHP. What he does NOT know is if I am armed or not. By law I am supposed to inform him/her immediately if I am. If I do not then the LEO has two choices: 1) assume that I am not armed, or 2) assume that I am armed but I have violated the law by not immediately informing him/her.
Both are assumptions. An aggressive, anti-2A LEO could, especially in a jurisdiction with an aggressive district attorney, anticipating that I am armed but negligent, ask if I am armed. If I am, I'm going to jail and lots of other hurts will fall down on me, but that would be my own fault. If I am not, would he/she then charge me anyway because I didn't announce such at the beginning of the contact? That's an attorney bill and legal test I do not want to undertake.
JTH:
--- Quote from: GreyGeek on March 12, 2014, 11:50:30 AM ---As SimperFi pointed out, with the LP# the LEO, IF he has a dashboard computer, can connect it to the operator license, which will flag the name in red and contain a comment, also in red, "weapons permit". That I did not know, but assumed to be the case.
--- End quote ---
That isn't what he said. Specifically, he said:
--- Quote ---The link is actually to the Nebraska Operator's License through NE Department of Motor Vehicles electronic records.
If you know an LEO with a dashboard computer, you can ask him to run your NE Operator's License through the system by OL Number.
--- End quote ---
Note that at no time did he say "license plate." He said operator's license. So no, when they run your license plate, they will not have information about your CHP status, as the license plate isn't linked to a driver's license number in that way.
I also note that my source for this information (which is probably every CCW instructor's source for this information) is the state patrol.
--- Quote ---Ergo, when an LEO approaches your car and asks to see your DL I am going to assume that he already knows that I have a CHP.
--- End quote ---
So---you are given information that says that this information isn't available to the LEO until they run your driver's license, but you are going to assume that they have it when they come up to get your driver's license so that they can run it?
--- Quote ---What he does NOT know is if I am armed or not. By law I am supposed to inform him/her immediately if I am. If I do not then the LEO has two choices: 1) assume that I am not armed, or 2) assume that I am armed but I have violated the law by not immediately informing him/her.
Both are assumptions. An aggressive, anti-2A LEO could, especially in a jurisdiction with an aggressive district attorney, anticipating that I am armed but negligent, ask if I am armed.
--- End quote ---
True. However, the point at which they would know this (and presumably, given your hypothetical, do it) would be after they've run your driver's license.
--- Quote ---If I am, I'm going to jail and lots of other hurts will fall down on me, but that would be my own fault. If I am not, would he/she then charge me anyway because I didn't announce such at the beginning of the contact? That's an attorney bill and legal test I do not want to undertake.
--- End quote ---
And again, the answer is: No. If you are not carrying you have NO obligation to say anything. If he attempts to claim such, he is wrong, and it will fail in court, and it will not be any sort of "test." The law is quite clear, and there is no grey area.
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